Research On The Guarantee Of Farmers’ Right Of Residence In The Circulation Of Homestead Use Right

It can be seen from the state’s Central Committee No.1 Documents in recent years that the Party Central Committee believes that solving the "three rural" issues is the top priority of the whole party’s work.Deepen rural reforms,strengthen homestead management,steadily and prudently advance the reform of the rural homestead system,and explore effective ways to realize the separation of ownership,qualification,and use rights of homesteads.In the revised "Land Management Law",the changes in the homestead system are mainly from one household to one house to ensuring that farmers have a living.From the changes in the homestead system,it can be seen that the homestead system plays an important role in protecting farmers’ right to live.The homestead system is closely related to the production and life of farmers.In the reform of the homestead system,farmers’ right to live must be guaranteed.At present,my country’s homestead system has encountered some difficulties in the reform.Rural homesteads in our country have dual identity attributes.To awaken the“sleeping asset” of homesteads,the right to use homesteads must be transferred,but after the right to use homesteads is transferred,The protection of the right of residence provided by the homestead system will encounter obstacles.The reform of the homestead system has not been boldly liberalized,because the homestead system has always played a role in protecting farmers’ residence rights.Once the transfer is liberalized,it will have an adverse impact on farmers’ housing rights and affect social stability.In view of this,this article takes the perspective of protecting farmers’ residence rights as the starting point to better promote the circulation of homestead use rights and give full play to the property functions of homesteads.Analyze the necessity of the transfer of the right to use homestead from different angles,and then make a brief summary analysis of the farmers’ right of residence in the homestead system.In view of the problems in the protection of farmers’ housing rights in the current homestead system reform,it is specifically reflected in the traditional centralized housing model that does not consider regional differences,and the definition of housing property rights after centralized housing is not clear;in the reform of the homestead system,farmers’ housing rights are not clearly defined.Farmers’ right to know and participation rights are not guaranteed during the formulation of relevant policies for the protection of their rights,and they cannot proceed from the protection of farmers’ interests;the free acquisition system of the homestead system cannot fully protect farmers’ right of residence,and it is also because of the homestead system.The inertia of maintaining stability has made the rural social security system imperfect;the reform of the "three rights separation" of homesteads,and the establishment of new "qualification rights" to give full play to the housing security function of homesteads,is conducive to the appropriate deregulation of the right to use.However,laws and regulations The identification of "qualification rights" is not clear,which affects the role of "qualification rights" in protecting farmers’ residence rights.In addition,relying solely on the market to carry out the transfer of homesteads will have drawbacks.The government can intervene appropriately and use collective economic organizations to ensure the realization of the housing rights of those farmers who do not have the conditions and capabilities.Through the analysis of the practices in the economically developed areas and pilot areas in the economically underdeveloped areas in the protection of peasants’ housing rights,we will find out and improve the specific methods of the transfer of homestead use rights in the protection of peasants’ housing rights.